Important notice: The Portuguese version of these Terms, available at chatcheck.in/terms, is the original and prevailing version. In case of any conflict or divergence between the Portuguese and the English versions, the Portuguese text shall prevail. This English version is provided for informational purposes only.
These Terms and Conditions of Use ("Terms") constitute a legally binding agreement entered into between, on the one hand, MCMONT CONSULTORIA E TECNOLOGIA LTDA., a Brazilian limited liability company (sociedade empresária limitada) registered under CNPJ no. 66.143.513/0001-60, headquartered at Av. República do Líbano, 251, Sala 1112, Torre C, Pina, Recife/PE, CEP 51.110-160, Brazil, hereinafter referred to as "Chat Check-in," "Company," or "Contractor"; and, on the other hand, the natural or legal person who adheres to these Terms by registering on, accessing, or using the Platform, hereinafter referred to as "User," "Client," or "Contracting Party."
For the purposes of these Terms, the following definitions apply:
By creating an account, accessing, or using the Service in any manner, the User declares that they have read, understood, and fully and unconditionally agreed with these Terms, the Privacy Policy, and any auxiliary documents, which together constitute a single and indivisible contractual instrument.
If acceptance is made on behalf of a legal entity, the accepting party expressly declares to have the legal and corporate authority to bind such legal entity to these Terms, and shall be personally and jointly liable in case of false declaration.
If the User disagrees with any provision of these Terms, they must immediately cease using the Service.
The Service is intended exclusively for (i) natural persons with full legal capacity, who are at least 18 (eighteen) years of age; or (ii) duly constituted legal entities represented by a properly authorized person. The Contractor may, at any time, request documentation evidencing the User's civil capacity or corporate regularity, and may suspend or terminate the agreement in case of irregularity.
The Service is offered on an essentially business-to-business (B2B) basis, intended for professional use by inns, hotels, and businesses in the hospitality sector. The Parties expressly acknowledge that the contractual relationship established under these Terms does not constitute a consumer relationship under Brazilian Law no. 8,078/1990 (Consumer Protection Code), except where the Client is a natural person who uses the Service as the final recipient, in which case only the mandatory provisions of the Consumer Protection Code shall apply.
To use the Service, the User must create an account by providing truthful, complete, and current information. The User is solely and exclusively responsible for the safekeeping, confidentiality, and use of their access credentials, and shall be liable for all activities carried out under their account, even if performed by third parties, whether authorized or not.
New users may be entitled to a free trial period with a duration defined by the Contractor at the time of registration. After the trial period ends, a paid plan must be contracted to continue using the Service. The Contractor reserves the right to modify, reduce, or discontinue the trial period at any time, without prior notice.
The User undertakes to immediately notify the Contractor of any unauthorized use of their account or any other security breach, via the contact email indicated in these Terms.
The current plans, their features, and respective prices are available on the official Service website (chatcheck.in) and may be modified at the Contractor's sole discretion, with at least 30 (thirty) days' prior notice by email or through the Platform dashboard. All prices are quoted in Brazilian Reais (BRL).
Payments are processed through third-party payment gateways (including, without limitation, Stripe, Inc. and Brazilian processors), to which their own terms of use and privacy policies apply.
The Client is solely responsible for (i) maintaining valid and current payment information; (ii) paying all taxes levied on the contracting, except those that fall by law on the Contractor; (iii) any currency conversion fees; and (iv) costs arising from default.
In the event of default, even partial, the Contractor may, regardless of prior notice: (a) immediately suspend access to the Service; (b) charge default interest of 1% (one percent) per month, a default fine of 2% (two percent), and monetary correction by the IGPM/FGV index (or the index that may replace it); (c) register the debt with credit protection agencies; and (d) take all applicable judicial measures.
Subscription cancellation takes effect at the end of the current billing cycle, with no right to proportional refund for unused periods, except in cases strictly provided for by law.
Any refundable amounts may be offset against the Client's debts to the Contractor.
The Service uses generative artificial intelligence ("AI") models to generate automated responses. The Client expressly acknowledges and agrees that:
The Contractor may add, modify, suspend, or discontinue features at any time, with or without prior notice, without giving rise to any right to compensation for the Client.
The User undertakes to use the Service in strict compliance with Brazilian and applicable international law, with morality, good customs, and these Terms. The following are expressly prohibited:
The finding, even if circumstantial, of any of the prohibited conduct above authorizes the Contractor to immediately and without prior notice suspend or cancel the User's account, retaining data as per applicable law, and reserving the right to take all applicable civil, criminal, and administrative measures.
The User is solely and exclusively responsible for any and all content, data, messages, instructions, documents, files, or information that they enter, transmit, process, or store through the Service ("User Content").
The User declares and warrants that (i) they hold all necessary rights over the User Content; (ii) the User Content does not violate third-party rights or applicable law; (iii) they have obtained all authorizations and legal bases necessary to process personal data through the Service, in particular under the LGPD.
By submitting User Content to the Service, the User grants the Contractor a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license, for the period necessary for the provision of the Service, to host, process, store, display, transmit, and back up the User Content, exclusively for the purpose of operating, maintaining, improving, and providing the Service.
The User is also fully responsible for the acts and omissions of their employees, agents, contractors, and any third parties who use their account.
All content, source code, design, architecture, trademarks, logos, algorithms, models, knowledge base, documentation, AI flows, proprietary prompts, and features of Chat Check-in are the exclusive property of Mcmont Consultoria e Tecnologia Ltda. or its licensors, protected by Brazilian Law no. 9,279/1996 (Industrial Property), Law no. 9,610/1998 (Copyright), Law no. 9,609/1998 (Software), and international treaties.
These Terms do not grant the User any property right over the Service, but only a personal, non-transferable, revocable, non-exclusive, and limited license of use, during the term of the agreement and under the strict conditions provided herein.
Any feedback, suggestions, ideas, improvements, comments, or contributions sent by the User to the Contractor may be freely used by the latter, at any time and without any obligation of remuneration, attribution, or prior notice.
The processing of personal data carried out in the context of the Service is governed by the Privacy Policy and the Cookie Policy, which are incorporated into these Terms as if fully transcribed herein.
For purposes of the LGPD, and where applicable, the Parties acknowledge that:
/dashboard/meus-dados or [email protected];The Client agrees to hold the Contractor harmless and indemnify it against any claims, fines, sanctions, or damages resulting from the Client's non-compliance with the LGPD or with data protection obligations.
The Contractor will use reasonable efforts to keep the Service available, but does not warrant uninterrupted or error-free operation. The Service may be temporarily interrupted for maintenance, updates, infrastructure failures of its own or of third parties (including cloud providers, WhatsApp/Meta APIs, AI models, payment processors), security events, or force majeure.
Technical support will be provided through the official channels indicated on the Platform, during business hours (Monday to Friday, 9 a.m. to 6 p.m. Brasília time), excluding national holidays. Unless otherwise expressly agreed in writing, the Contractor does not offer a service-level agreement (SLA) for response time or availability.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR ABSENCE OF VIRUSES.
THE CONTRACTOR DOES NOT WARRANT THAT THE SERVICE WILL MEET THE USER'S EXPECTATIONS, NOR THAT THE RESULTS GENERATED BY THE AI WILL BE ACCURATE, COMPLETE, CORRECT, UP-TO-DATE, RELIABLE, OR ERROR-FREE. THE USER FULLY ASSUMES THE RISKS ARISING FROM USE OF THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY BRAZILIAN LAW, IN NO EVENT SHALL MCMONT CONSULTORIA E TECNOLOGIA LTDA., ITS PARTNERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, BUSINESS, REPUTATION, CLIENTELE, DATA, OPPORTUNITIES, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Contractor's total and aggregate liability to the User, arising out of or related to these Terms or the use of the Service, whether in contract, tort (including negligence), strict liability, or any other legal theory, shall be expressly limited to the lesser of the following amounts: (a) the amount actually paid by the User to the Contractor in the 3 (three) months immediately preceding the event giving rise to the liability; or (b) BRL 1,000.00 (one thousand Brazilian Reais).
The Contractor shall not be liable for damages caused by: (i) third parties, including internet providers, hosting, AI providers, WhatsApp/Meta, payment gateways; (ii) acts of God or force majeure; (iii) acts of the User itself or its agents; (iv) misuse, abusive or irregular use, or use in disagreement with these Terms; (v) failures of equipment, connection, or third-party software of the User; (vi) decisions made based on AI-generated content.
The User undertakes to defend, indemnify, and hold harmless the Contractor, its partners, officers, employees, agents, representatives, and affiliates from and against any and all claims, actions, losses, damages, judgments, fines, sanctions, costs, and expenses (including attorneys' fees, both contractual and awarded by court) arising out of or related to: (i) the User's use of the Service; (ii) breach of these Terms; (iii) violation of third-party rights; (iv) User Content; (v) non-compliance with applicable law, including the LGPD; or (vi) acts or omissions of the User, its employees, agents, or guests.
The User may terminate the agreement at any time by canceling the subscription through the Platform dashboard, subject to the provisions of section 5.
The Contractor may, at its sole discretion, immediately suspend or terminate, without prior notice and without right to refund, the account of any User who: (a) breaches these Terms; (b) is associated with fraudulent or unlawful activity, or activity that compromises the Contractor; (c) is in default; (d) by legal requirement or order of a competent authority; (e) represents a risk to the security, integrity, or reputation of the Platform.
Upon termination, the User's right to use the Service ceases immediately. Sections 8, 9, 10, 12, 13, 14, and 21 survive termination by their nature.
The User's data will be retained for the periods described in section 9 of the Privacy Policy (in particular: logs for 6 months under the Marco Civil; guest message history for up to 90 days; audit records of deletions and consents for 5 years; registration data for the term of the contract and applicable statutes of limitations), unless a specific legal retention obligation applies. The User may request early deletion through the channels described in that Policy.
The Contractor shall not be liable for any failure, delay, or impossibility in the performance of its obligations resulting from acts of God or force majeure, under article 393 of the Brazilian Civil Code, including, without limitation: natural disasters, pandemics, wars, terrorist acts, strikes, acts of governmental authorities, internet infrastructure failures, cyber attacks, unavailability of third-party services (including Meta/WhatsApp, AI providers, payment processors, and cloud providers).
The User may not assign or transfer, in whole or in part, these Terms or any of the rights and obligations arising therefrom, without the Contractor's prior express written consent. The Contractor may assign these Terms, in whole or in part, at any time, by simple notice to the User.
All communications between the Parties shall preferably be made by email, considered valid, effective, and received at the time of their transmission to the registered electronic addresses. The User is responsible for keeping their contact information always up to date.
The Contractor reserves the right to modify these Terms at any time, at its sole discretion. Material changes will be communicated with at least 15 (fifteen) days' prior notice, by email or through the Platform dashboard. Continued use of the Service after the effectiveness of the changes implies automatic and full acceptance of the new Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by another valid one that reflects, to the greatest extent possible, the original intention of the Parties.
The Contractor's tolerance of any breach of obligation by the User shall not constitute novation, waiver, or pardon of the breached obligation.
These Terms, together with the Privacy Policy and any auxiliary documents, constitute the entire agreement between the Parties regarding the Service, prevailing over any prior understandings, proposals, communications, or agreements, whether oral or written.
These Terms are governed and construed exclusively by the laws of the Federative Republic of Brazil.
The courts of the Judicial District of the Contractor's headquarters are hereby elected, with express waiver of any other forum, however privileged, to settle any doubts or controversies arising from these Terms, except where the User is a natural person consumer, in which case the forum of their domicile shall apply, pursuant to article 101, I, of the Brazilian Consumer Protection Code.